27036 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 

from May 25, 2013, through June 29, 

2013. This action is necessary and 

intended to ensure safety of life on the 

navigable waters of the United States 

immediately prior to, during, and 

immediately after fireworks events. 

Enforcement of this safety zone will 

establish restrictions upon, and control 

movement of, vessels in a specified area 

immediately prior to, during, and 

immediately after various fireworks 

events. During the enforcement period, 

no person or vessel may enter the safety 

zone without permission of the Captain 

of the Port, Lake Michigan. 

DATES: The regulations in 33 CFR 

165.931 will be enforced at the times 

specified in the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email MST1 Joseph McCollum, 

Prevention Department, Coast Guard 

Sector Lake Michigan, Milwaukee, WI at 

414–747–7148, email 

Joseph.P.Mccollum@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard will enforce the 

Safety Zone; Chicago Harbor, Navy Pier 

Southeast, Chicago, IL listed in 33 CFR 

165.931 for the following events: 

(1) Navy Pier Fireworks with times 

and dates as follows: 

May 25, 2013, from 10:00 p.m. through 

10:30 p.m.; 

May 29, 2013, from 9:15 p.m. through 

9:45 p.m.; 

June 1, 2013, from 10:00 p.m. through 

10:30 p.m.; 

June 5, 2013, from 9:15 p.m. through 

9:45 p.m.; 

June 8, 2013, from 10:00 p.m. through 

10:30 p.m.; 

June 12, 2013, from 9:15 p.m. through 

9:45 p.m.; 

June 15, 2013, from 10:00 p.m. through 

10:30 p.m.; 

June 19, 2013, from 9:15 p.m. through 

9:45 p.m.; 

June 21, 2013, from 10:00 p.m. through 

10:30 p.m.; 

June 26, 2013, from 9:15 p.m. through 

9:45 p.m.; 

June 29, 2013, from 10:00 p.m. through 

10:30 p.m.; 

All vessels must obtain permission 

from the Captain of the Port, Lake 

Michigan, or his or her on-scene 

representative to enter, move within or 

exit the safety zone. Vessels and persons 

granted permission to enter the safety 

zone shall obey all lawful orders or 

directions of the Captain of the Port, 

Lake Michigan, or his or her on-scene 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notice is issued under authority 

of 33 CFR 165.931 and 5 U.S.C. 552 (a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of these enforcement 

periods via broadcast Notice to Mariners 

or Local Notice to Mariners. If the 

Captain of the Port, Lake Michigan, 

determines that the safety zone need not 

be enforced for the full duration stated 

in this notice, he or she may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the safety 

zone. The Captain of the Port, Lake 

Michigan, or his or her on-scene 

representative may be contacted via 

VHF Channel 16. 

Dated: April 30, 2013. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2013–10964 Filed 5–8–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

Final Priority. National Institute on 

Disability and Rehabilitation 

Research—Traumatic Brain Injury 

Model Systems Centers Collaborative 

Research Project 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final priority. 

[CFDA Numbers: 84.133A–7.] 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services announces a priority for the 

Disability and Rehabilitation Research 

Projects and Centers Program 

administered by the National Institute 

on Disability and Rehabilitation 

Research (NIDRR). Specifically, we 

announce a priority for a Disability and 

Rehabilitation Research Project (DRRP) 

on Traumatic Brain Injury Model 

Systems Centers Collaborative Research 

Project. The Assistant Secretary may use 

this priority for competitions in fiscal 

year (FY) 2013 and later years. We take 

this action to focus research attention on 

areas of national need. We intend this 

priority to improve outcomes among 

individuals with traumatic brain 

injuries. 

DATES: This priority is effective June 10, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Marlene Spencer, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5133, Potomac Center Plaza 

(PCP), Washington, DC 20202–2700. 

Telephone: (202) 245–7532 or by email: 

marlene.spencer@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: This 

notice of final priority is in concert with 

NIDRR’s Long-Range Plan for Fiscal 

Years 2013–2017 (Plan). The Plan, 

which was published in the Federal 

Register on April 4, 2013 (78 FR 20299), 

can be accessed on the Internet at the 

following site: www.ed.gov/about/ 

offices/list/osers/nidrr/policy.html. 

Through the implementation of the 

Plan, NIDRR seeks to improve the health 

and functioning, employment, and 

community living and participation of 

individuals with disabilities through 

comprehensive programs of research, 

engineering, training, technical 

assistance, and knowledge translation 

and dissemination. The Plan reflects 

NIDRR’s commitment to quality, 

relevance, and balance in its programs 

to ensure appropriate attention to all 

aspects of well-being of individuals 

with disabilities and to all types and 

degrees of disability, including lowincidence and severe disabilities. 

Purpose of Program: The purpose of 

the Disability and Rehabilitation 

Research Projects and Centers Program 

is to plan and conduct research, 

demonstration projects, training, and 

related activities, including 

international activities, to develop 

methods, procedures, and rehabilitation 

technology that maximize the full 

inclusion and integration into society, 

employment, independent living, family 

support, and economic and social selfsufficiency of individuals with 

disabilities, especially individuals with 

the most severe disabilities, and to 

improve the effectiveness of services 

authorized under the Rehabilitation Act 

of 1973, as amended (Rehabilitation 

Act). 

Disability and Rehabilitation Research 

Projects 

The purpose of the DRRPs, which are 

funded through the Disability and 

Rehabilitation Research Projects and 

Centers Program, is to improve the 

effectiveness of services authorized 

under the Rehabilitation Act by 

developing methods, procedures, and 

rehabilitation technologies that advance 

a wide range of independent living and 

employment outcomes for individuals 

with disabilities, especially individuals 

with the most severe disabilities. DRRPs 


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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 27037 

carry out one or more of the following 

types of activities, as specified and 

defined in 34 CFR 350.13 through 

350.19: research, training, 

demonstration, development, 

utilization, dissemination, and technical 

assistance. 

An applicant for assistance under this 

program must demonstrate in its 

application how it will address, in 

whole or in part, the needs of 

individuals with disabilities from 

minority backgrounds (34 CFR 

350.40(a)). The approaches an applicant 

may take to meet this requirement are 

found in 34 CFR 350.40(b). 

Additional information on the DRRP 

program can be found at: http:// 

www2.ed.gov/rschstat/research/pubs/ 

res-program.html#DRRP. 

Program Authority: 29 U.S.C. 762(g) and 

764(a). 

Applicable Program Regulations: 34 

CFR part 350. 

We published a notice of proposed 

priority in the Federal Register on 

February 28, 2013 (78 FR 13600). That 

notice contained background 

information and our reasons for 

proposing this particular priority. 

Public Comment: In response to our 

invitation in the NPP, we did not 

receive any comments on the proposed 

priority. 

However, there is one difference 

between the proposed priority and this 

final priority. Because a new version of 

NIDRR’s Plan was published since the 

publication of the proposed priority, we 

have updated the reference to the Plan 

in paragraph (b) of the final priority. 

The new Plan modifies NIDRR’s 

research domains to include only the 

following: health and function, 

community living and participation, 

and employment. Technology is no 

longer included in the Plan, or in this 

final priority, as a research domain in 

itself. Instead, technology is a tool, and 

a major area of research and 

development, for improved outcomes in 

health and function, community living 

and participation, and employment for 

individuals with disabilities. 

Final Priority 

Traumatic Brain Injury Model Systems 

Centers Collaborative Research Project 

The Assistant Secretary for Special 

Education and Rehabilitative Services 

establishes a priority for the funding of 

Disability and Rehabilitation Research 

Projects (DRRPs) to serve as Traumatic 

Brain Injury Model Systems (TBIMS) 

multi-site collaborative research project. 

To be eligible under this priority, an 

applicant must have received a grant 

under the TBIMS centers priority (see 

https://www.federalregister.gov/articles/ 

2012/06/11/2012-14115/disability-andrehabilitation-research-projects-andcenters-program-traumatic-brain-injurymodel). Each TBIMS multi-site 

collaborative research project must be 

designed to contribute to evidencebased rehabilitation interventions and 

clinical practice guidelines that improve 

the lives of individuals with traumatic 

brain injuries (TBIs) through research, 

including the testing of approaches to 

treating TBIs or the assessment of the 

outcomes of individuals with TBIs. Each 

TBIMS multi-site collaborative research 

project must contribute to this outcome 

by— 

(a) Collaborating with three or more of 

the NIDRR-funded TBIMS centers (for a 

minimum of four TBIMS sites). In 

addition to the required TBIMS sites, 

applicants may also propose to include 

other TBI research sites that are not 

currently participating in the TBIMS 

program; 

(b) Conducting multi-site research on 

questions of significance to TBI 

rehabilitation, using clearly identified 

research designs. The research must 

focus on outcomes in one or more of the 

following domains identified in 

NIDRR’s Long-Range Plan for Fiscal 

Years 2013–2017, published in the 

Federal Register on April 4, 2013 (78 FR 

20299): health and function, community 

living and participation, and 

employment; 

(c) Demonstrating the capacity to 

carry out a multi-site collaborative 

research project, including 

administrative capabilities, experience 

with management of multi-site research 

protocols, and demonstrated ability to 

maintain standards for quality and 

confidentiality of data gathered from 

multiple sites; 

(d) Addressing the needs of people 

with disabilities, including individuals 

from traditionally underserved 

populations; 

(e) Coordinating with the NIDRRfunded Model Systems Knowledge 

Translation Center to provide scientific 

results and information for 

dissemination to clinical and consumer 

audiences; and 

(f) Ensuring participation of 

individuals with disabilities in 

conducting TBIMS research. 

Types of Priorities 

When inviting applications for a 

competition using one or more 

priorities, we designate the type of each 

priority as absolute, competitive 

preference, or invitational through a 

notice in the Federal Register. The 

effect of each type of priority follows: 

Absolute priority: Under an absolute 

priority, we consider only applications 

that meet the priority (34 CFR 

75.105(c)(3)). 

Competitive preference priority: 

Under a competitive preference priority, 

we give competitive preference to an 

application by (1) awarding additional 

points, depending on the extent to 

which the application meets the priority 

(34 CFR 75.105(c)(2)(i)); or (2) selecting 

an application that meets the priority 

over an application of comparable merit 

that does not meet the priority (34 CFR 

75.105(c)(2)(ii)). 

Invitational priority: Under an 

invitational priority, we are particularly 

interested in applications that meet the 

priority. However, we do not give an 

application that meets the priority a 

preference over other applications (34 

CFR 75.105(c)(1)). 

This notice does not preclude us from 

proposing additional priorities, 

requirements, definitions, or selection 

criteria, subject to meeting applicable 

rulemaking requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use this priority, we invite applications 

through a notice in the Federal Register. 

Executive Orders 12866 and 13563 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

regulatory action is ‘‘significant’’ and, 

therefore, subject to the requirements of 

the Executive order and subject to 

review by the Office of Management and 

Budget (OMB). Section 3(f) of Executive 

Order 12866 defines a ‘‘significant 

regulatory action’’ as an action likely to 

result in a rule that may— 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities in a material way (also 

referred to as an ‘‘economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

stated in the Executive order. 

This final regulatory action is not a 

significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 


tkelley on DSK3SPTVN1PROD with RULES
27038 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 

We have also reviewed this final 

regulatory action under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing this final priority only 

on a reasoned determination that its 

benefits justify its costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that maximize net benefits. 

Based on the analysis that follows, the 

Department believes that this regulatory 

action is consistent with the principles 

in Executive Order 13563. 

We also have determined that this 

regulatory action does not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

The benefits of the Disability and 

Rehabilitation Research Projects and 

Centers Program have been well 

established over the years, as projects 

similar to the DRRP envisioned by the 

final priority have been completed 

successfully. Establishing a DRRP based 

on the final priority will generate new 

knowledge through research and 

improve the lives of individuals with 

disabilities. The new DRRP will 

generate, disseminate, and promote the 

use of new information that will 

improve the options for individuals 

with traumatic brain injuries to fully 

participate in their communities. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: May 6, 2013. 

Michael K. Yudin, 

Delegated the authority to perform the 

functions and the duties of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2013–11081 Filed 5–8–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[CFDA Numbers: 84.133B–3, 84.133B–4, 

84.133B–5, and 84.133B–6] 

Final Priorities; National Institute on 

Disability and Rehabilitation 

Research—Rehabilitation Research 

and Training Centers 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final priorities. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services announces priorities for the 

Disability and Rehabilitation Research 

Projects and Centers Program 

administered by the National Institute 

on Disability and Rehabilitation 

Research (NIDRR). Specifically, we 

announce priorities for Rehabilitation 

Research and Training Centers (RRTCs) 

on Community Living and Participation 

for Individuals with Physical 

Disabilities (Priority 1), Employment of 

Individuals with Physical Disabilities 

(Priority 2), Health and Function of 

Individuals with Intellectual and 

Developmental Disabilities (Priority 3), 

and Community Living and 

Participation for Individuals with 

Intellectual and Developmental 

Disabilities (Priority 4). If an applicant 

proposes to conduct research under 

these priorities, the research must be 

focused on one of the four stages of 

research defined in this notice. The 

Assistant Secretary may use these 

priorities for competitions in fiscal year 

(FY) 2013 and later years. We take this 

action to focus research attention on 

areas of national need. We intend these 

priorities to improve outcomes among 

individuals with disabilities. 

DATES: Effective Date: These priorities 

are effective June 10, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Marlene Spencer, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5133, Potomac Center Plaza 

(PCP), Washington, DC 20202–2700. 

Telephone: (202) 245–7532 or by email: 

marlene.spencer@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Purpose of Program: The purpose of 

the Disability and Rehabilitation 

Research Projects and Centers Program 

is to plan and conduct research, 

demonstration projects, training, and 


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